The 12 Days of California Labor & Employment Series – Day 8 "Anti-harassment Training in Hollywood"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eighth day of Christmas, my Labor and Employment attorney gave to me—eight maids a milking and AB 3082 and AB 2338.

We previously detailed the additional requirements on employers in regards to anti-harassment training. In addition to requiring employers with 5 or more employees to provide anti-harassment training, the legislature also added a few other nuances. AB 3082 applies specifically to entities covered by the In Home Supportive Services (IHSS) program. While actual training, other than what has already been discussed, is not detailed, AB 3082 mandates the State develop educational material and a proposed method for uniform data collection to identify the prevalence of sexual harassment in the IHSS program. This must be completed by September 30, 2019. Currently, a prospective IHSS provider is required to have a provider orientation regarding the description and rules of the program as well as processes and procedures.

In what is likely a response to the Harvey Weinstein scandal, California enacted AB 2338 that now places requirements specifically on talent agencies. Talent agencies are now required to provide educational materials regarding sexual harassment prevention, retaliation, and reporting resources to an adult artist within 90 days of representation. Talent agencies are also required to provide educational materials regarding nutrition and eating disorders. Lastly, as many minors are involved in the entertainment industry, AB 2338 requires the minor and his or her parent or guardian to complete anti-harassment training before the minor may secure a work permit to work in the entertainment industry. Talent agencies need to maintain written records of their compliance with AB 2338. These records must be kept for three years.

The entertainment industry has certainly been in the center of the #MeToo movement. And now, talent agencies are subject to anti-harassment training on two different levels. First, under SB 1343, training needs to be provided to its supervisors and employees. And now, talent agencies will need to monitor their clients and ensure the necessary material has been provided or the necessary training provided for minors. Talent agencies should reach out to employment counsel to discuss best practices as it relates to their agency to ensure compliance.